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Peter v. Commonwealth

Facts:

Defendant contended that the
trial court erred in admitting evidence of his prior driving under the
influence (DUI) convictions and admitting evidence of his refusal to perform a
field sobriety test. The court found that the trial court did not err in
admitting defendant's prior DUI convictions and that the admission of his refusal
to perform a field sobriety test did not violate either the Fifth Amendment or
Va. Const. art. I, § 8 because such evidence was not testimonial or
communicative evidence...

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Holdings:

The
Virginia Court made the following holding:

Under Va. Code Ann. §
46.2-943, a defendant is entitled to a bifurcated trial in which his prior
convictions will not be introduced until after a finding of guilt.
Evidence of prior driving under the influence (DUI) convictions does not
constitute the traffic record as contemplated by § 46.2-943 where the
offense charged under Va. Code Ann. § 18.2-266 is a subsequent offense of
DUI punishable under Va. Code Ann. § 18.2-270. Proof of such charge
requires proof of prior DUI convictions..